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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/27/1927January 27,1927. City Commission met in regular session at 1 P.M. with the following present: Mayor Pink L. Parrish, Commissioners J.O.Jones, W.S. Posey, J.H.Hankins, A.V. Weaver, Superintendent of Utilities, ''N.H.Perkinson, City Secretary, F.N.Groce. Absent: City Attorney, E.L.Klett. A petition having been filed for a white way on the South part of Avenue H. Mr. Hankins made a motion, seconded by Mr. Weaver, that bracket lights be put in at our earliest convenience. Motion made by Mr. Posey, seconded by Mr. Jones, curried unanimously that the Panhandle Construction. Company sewer contract be signed and their bond in the amount of �6500.00 be approved and filed. The contract is as follows: THE STATE OF TEXAS: COUNTY OF LUBBOCK: THIS CONTRACT Made and entered into this the 27 day of January. A.D., 1927, by and between the City of Lubbock, Party of the First Part, hereinafter termed City, and Panhandle Construction Company, A Corporation of the City of Lubbock and County of Lubbock, State of Texas, Party of the Second Part, hereinafter termed Contractor. GPI TNRSSETHe That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (City), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (Contractor), hereby agrees with the said Party of the First Part, (City) to commence and complete the construction of Certain Storm Sewers on Avenue "H", Texas Avenue, Sixteenth Street and Avenue "G",`in the City of Lubbock, Texas, in accordance with the plans and specifications therefor, which specifications are hereto attached, and which plans are refer- red to herein and have been adopted by the City of Lubbock, Texas, for the following prices, to -wit: 1. Solid Rock Excavation in sewer trench per cu. yd. .............$1.50 2. Standard Manhole complete with frame and cover, (4 ft. diam. and 6 ft. deep) each .............35.00 3. Extra concrete, Class "A" per cu. yd. .............15.00 4. Extra concrete, Class "B", per cu. yd. .............13.00 5. Reinforcing steel cut to length and bent to shape in place per lb. ;............ .07 6. Structural Steel, in place per lb. ............. .08 7. 15" VTT. Sewer, 0-4 ft. cut in place per lin.ft. ............. 1.00 8. 15" V.T. Sewer, 4-6 ft. cut in place per line ft. ............. 1.10 9. 15" V.T. Sewer 6-8 ft. cut in place per lin. ft. ............. 2.00 10. 18" V.T. Sewer 4-6 ft. cut in place per line ft. ............. 1.80 11. 18" V.T. Sewer 6-8 ft. cut, in place per line ft. 2.20 12. 21" V.T. Sewer 4-6 ft. cut in place per lin. ft. 2.80 13. 21" V.T. Sewer 6-8 ft. cut in place per line ft. 3.00 14. 24" V.T. Sewer, 4-6 ft. cut in place per lin. ft. 14. 24" V. T. Sewer, 668 ft. cut in place per lin. ft. 38. 30" Monolithic Concrete Sewer 4-6 ft. cut in place per lin. ft. 39. 30" Monolithic Concrete Sewer 6-8 ft. cut in place pOr lin. ft. 40. 33" Monolithic Concrete Sewer 4-6 cut in place per lin. ft. 41. 33" Monolithic Concrete Sewer 6-8. cut in place per tin. ft. 42. 36" Monolithic Concrete Sewer 4-6. ft cut in place per lin. ft. 43. 36" Monolithic Concrete Sewer 6-8 ft. out in place per lin. ft. 44. 39" Monolithic Concrete sewer 4-6 ft. cut in place per lin. ft. 45. 39" Monolithic Concrete Sewer 6-8 ft cut in place per lin. ft. $2.80 3.25 . . . . . . . . . . . . 2.50 . . . . . . .. . . . . 2.75 6644.*4990*9 3.00 ... . • . .... .. 3.25 006 . . . . . .. . . 3.10 3.40 . . . . . . . . . . . . 4 . 50 :s.......... 5.50 46. Crossing under R.R. Tracks (6th St & Avenue H) with 18" Sewer eack ...............40.00 each plus price of pipe on respective cuts. 47. Overhaul on surplus excavation, per cu. yd. per 100 ft. .02 48. Tearing out Brick pavement, per sq. yd. 1.00 and all extra work in connection therewith, under the terms as stated in the Specifications; and at his or (their) own proper cost and expense to furnish all the tools, materials, equipment, labor, supervision and other accessories necessary for the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the agreement and in accordance with the plates and specifications therefor, as prepared by M.R.Smith, Jr., City Engineer, herein entitled the Engineer, all of which are made a part hereof, and all in the manner and under the General Conditions of the Specifications hereto attached and made a part hereof. The Contractor hereby agrees to commence work wtthin ten (10) days after the date of execution of this Contract, and to substantially complete same according to rate of progress called for in Specifications. The City agrees to pay the Contractor as stated in the Specifications for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the General Conditions of the Agreement of the Specifications, and to make payments on account thereof as provided therein. IN WITNESS NHEREOF, the Parties to these presents have executed this Agree- ment in quadruplicate in the year and day first above written. Pink L. Parrish ATTEST: PARTY OF THE FIRST PART CITY),Mayor i n CITY SECRETARY. ATTEST: _homer n- Grant SECRETARY AND VICE PRESIDENT. Approved as to form: E.L.dlett City Attorney. John Dalrymple PARTY OF THE, SECOND PART(CON^1RACTOR) Motion made by Mr. Hankins, seconded by Mr. Weaver, carried unanimously, that E.L.Hope and J.D. Nelson's electric bond in the amount of $1000.00 each be approved and filed. Motion made by Mr., Hankins, seconded by Mr. 'deaver, carried unanimously that J.O.Jones' bond in the amount of -0"2500.00 be approved and filed. V Motion made by Mr. Iosey, seconded by Mr. deaver, , carried unanimously, that H.V. Rob- ertson & Comp4n y bill for audit in the mount of $100.74 be paid. Motion made by Mr. Posey, seconded by Mr. Hankins, carried unanimously, that the follow- ing resolution be passed: LUBBOCK NEW FORM NO. 1 AMENDING. RESOLUTION ATAENDING RESOLUTION HEFLTOFORE PASSED BY THE CITY OF LUBBOCK, AND PROVIDING ?OR IMPROVEMENT OF PORTIONS OF TEXAS AVENUE AND SUNDRY OTHER STREETS AND AVENUES, IN THE CITY OF LUBBOCK, AND DIRECTING Pl-RElkRATION OF PLANS AND SPEC- IFICATIONS: WHEREAS9 the Governing Body of the City of Lubbock heretofore, on the 9th day of December, 1926, duly passed and adopted a resolution entitled, "RESOLUTION PROVIDING ?OR IMPROV MENT 02 FORTION3 OF TEX.CLS AVENUE, rND SUNDRY OTHER STREETS aNL LVENUES IN THE CITY OF LUBBOCK, TEXi3.3, AND )IR CTING 1REEARATION OF PLANS ANL SPECIFICATION S" ; and, WHEREAS, it is deemed advisable and necessary that the streets and avenues therein ordered improved be arranged in units or districts, and numbered as hereinbelow set forth, in lieu of the arrangement and numbering as set forth in said original resolution: THEREFORE, BE I'-,' RE60LiTED BY THE CITY OF LUBBOCK, TEXAS; TH&T, I. .Said original resolution omitting the caption and enacting clause thereof, be and the same is hereby amended so that same shall hereafter be and read as follows: -I- Public necessity exists that the fellowing portions of streets and avenues in the City of Lubbock, Texas, be improved as herein provided, to -wit: TEXAS AVENUE (Formerly Avenue I) from its intersecItton with the North Property line of 14th Street to its intersection with the North property line of 16th Street, known and designated as Unit or District No. 1. TEXAS AVENUE (Formerly Avenue I). from its .intersection with the South property line of 16th Street to its intersection with the South property line of 19th Street, known and designated as Unit or District No. 2, AVENUE G, from its intersection with the North property line of loth Street to its intersection with the center line of 8th Street, known and designated as Unit or District No. 3. EIGHTH STREET, from its intersection with the East property line of Avenue H to its intersection with the center line of Avenue G, known and designated as Unit or District No. 4. NINETEENTH STREET, from its intersection with the lest property line of Texas Avenue, to its intersection with the center line of Avenue M. known and designated as Unit or District No. 5. NINETEENTH STREET, from its intersection with the center line of Avenue M, to its intersection with the mast property line of iIvenve Q, known and designated as Unit or District No. 6. NINETEENTH STREET, from its intersection with the East property line of Avenue Q-4, to its intersection with the East property line of College Avenue, known and des- ignated as Unit or District No. 7. SIXTEENTH STREET, from its intersection ws th the Nest property line of avenue to and includin-- the intersection thereof with Avenue X, known and designated as Unit or District No. 8. AVENUE X. from ,its intersection with the South line of the intersection of 16th Street from the East to its intersection with the North line of the intersection of 16th Street from the Test, known and designated as Unit or District No. 9. SIXTEENTH STREET from and including the intersection thereof with Avenue X, to its intersection with the East property line of College Avenue, known and designated as Unit or District No. 10. AVENUE H. from the South line of the right -of -wag of Panhandle & Santa Fe Railroad to its intersection with the South property line of Fourth Street, known and des- ignated as Unit or District No. 11. AVENUE; H. from its intersection with the South property line of 4th Street to its intersection with the North property line of First Street, known and designated as Unit or District No. 12. Wherever in the foregoing it is ordered that streets or avenues be improved to the center of intersection with some other street or avenue, it is the intention that the entire intersection be improved, and that half of the cost of such intersection be prorated to one such street or avenue and the other half to the other such street or avenue. II. Said portions of streets and avenues shall be improved by raising, grading, and filling same, and by installing concrete curbs and gutters, and storm sewers and drains where nec- essary, and by paving with one of the following types of material on proper foundation, to - wit: 4a) Vertical Fibre Brick, (b) Rock Asphalt, ( c ) fiarrenite Bitulithic. (d) Concrete (e) asphaltic concrete (f) Patented -Types of Paving the exact type of pavement to be determined by the Commission of the City of Lubbock after receipt of bids. III. The City Engineer is hereby directed to prepare plans and specifications for such im- provements embracing specifications for each of the said types of paving. IV. Such improvements in each Unit or District shall be paid for in the following manner: (a) Railways and street railways using, occupying, or crossing any portion of said streets and avenues to be improved shall pay for and be assessed fOjP all the cost of work in the area between their rails and tracks, double tracks, turnouts, and switches, and two feet on each side thereof. ( b ) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective properties, and 90f of the remaining cost of such improvements, after deducting the sums to be paid by rail- ways and street railways under sub -paragraph (a) alwgve, provided that if it shall appear at the hearing to be had before final assessment that the special benefits to such pro- perty in the enhanced value thereof by means of such improvements will not aggregate such proportion of costs, then there shall be assessed and be paid by such abutting property, and the owners thereof, the amount of such benefits. (c) The remaining cost of said improvements, after deducting the sums finally asses- sed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners -thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock. V. The amounts to be paid by and assessed against railways and street railways for work between rails and tracks and two feet on each side thereof, shall be payable on estimates as the work progresses, as may be provided in such specifications, and shall bear interest from date due and until paid at the rate of 7lo per annum. The amounts to be assessed against and Ia.id by abutting property and the owners thereof in each unit shall be payable in six equal installments, due respectively on or before 10 days, 1, 2, 3, 4, and 5 years after the completion and acceptance by the City of the improvementsiin the unit upon which the property abuts, and shall bear interest from date of such completion and acceptance and until paid at the rate of 7% per annum, payable annually, with provision that if de- fault be made in the payment of any installment promptly as the same matures, then at the option of the holder of any such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. V1. Assessments shall be made and levied and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if�--jncurred, all under and in accordance with the Charter, and amendments thereto, now in force in this city. VII. This resolution shall take effect and be in force from and after its passage. Passed and approved this 27 day of January, A.D. , 1927. ATTEST: t DG City Cler . Approved as to form IF L, ILe, 4, City Attorney. Mayor, City of Lubbock. V Motion made by Mr. Posey, seconded day Mr. Weaver. carried unanimously that the following contract and resolution between the Panhandle Construction Company and the City of Lubbock be accepted and signed by the Mayor and City Secretary and their bond in the amount of $105,325.00, be approved and filed: LUBBOCK NEW FORM 7. C 0 N T R A C T. THE STATE OF TEXAS : COUNTY OF LUBBOCK : THIS CONTRACT made and entered into this 27 day of January, 1927, by and between the CITY OF LUBBOCK, Party of the First Part, hereinafter termed as "CITY", and PAN- HANDLE CONSTRUCTION COMPANY, a corporation organized and existing under the laws of the State of Texas, and with its principal office in said City, Party of the Second Part, hereinafter termed "CO11TRACTOR" I W I T N E S 3 E T H: I. Ths..t for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions expressed in the bond of even date herewith, the Contractor hereby agrees with the City to make and complete the construction of the herein mentioned improvements, namely: The construction of storm sewers in accordance with the plans and specifications therefor. also the making and construction of other street improvements; including raising, grading and filling, and installing concrete curbs and gutters,. and paving with 2-1/2 inch Vertical Fibre Brick Favement on Four Inch Concrete base, in accordance with the plans and specifications for all such improvements prepared by M.R. amith, Jr., City :engineer, and heretofore adopted by the City, all together with necessary inciden- tals and appurtenances, and the extra work in connection therewith as provided in such plans and specifications, and at Contractor's own cost and expense to furnish all tools, machinery, materials, equipment, labor, supervi.sdon, and other accessories necessary dor the performance and construction of said improvements at the prices stated in its pro- posal therefor made and filed with the City on the loth day of January, 10,27, and in accordance with the said plans and specifications prepared bja the said E1.R. Smith, Jr. , City Engineer, all of which are made a part hereof, and -all in the mariner and under the terms and conditions of said specifications, which are also made,a part hereof. II. The streets and avenues upon which the said improvements are to be constructed are as follows, to -wit: TEXAS AVENUE (Formerly Avenue I), from its intersection with the North property line of 14th Street, to its intersection with the North Property line of 16th Street.knowb=;and designated as District or Unit No. 1. • TEXAS AVENUE (Formerly Avenue I), from its intersection with the South property line of 16th Street to its intersection with the South property line of 19th Street, known and designated as Unit or District No. 2. AVENUE G. from its intersection with the North property line of loth Street, to its intersection with the center line of 8th Street, known and designated as Unit or District No. 3. EIGHTH STREET from its intersection with the East property line of Avenue H, to its intersection with the center line of Avenue G, known and designated as Unit or Dis- trict No. 4. NINETEENTH STREET from its intersection with the Nest property line of Texas Avenue to its intersection with the center line of Avenue M, known and designated as Unit or District No. 5. NINETEENTH STREET, from its intersection with the center line of Avenue 11, to its intersection with the East property line of Avenue Q., known and designated as Unit or District No. 6. NINETEENTH STREET, from its intersection with the .East prouerty line of Avenue Q, to its intersection with the East property line of Gal-lege,4venue, known and designated as Unit or District No. 7. SIXTEENTH STREET, from its intersection with the lest property line of Avenue a, to and including the intersection thereof with Avenue X, known and designated as Unit or District No. 8. AVENUE X. from its intersection with the South line of the intersection of 16th Street from the East to its intersection with the North line of the intersection of 16th Street from the +Vest, known and designated as Unit or District No. 9. SIXTEENTH STREET from and including the intersection thereof with Avenue X, to its intersection with the Last property line of College Avenue, known and designated as Unit or District No. 10. Avenue H, from the South line of the right-of-way of the Panhandle & Santa Fe Railroad to its intersection with the South property line of Fourth Street, known and designated as Unit or District No. 11. AV NUB H, from its intersection with the South property line of Fourth Street to its intersection with the North property line of First Street, known and designated as Unit or District No. 12. III. The Contractor shall be paid for said improvements at the unit prices shown in its said proposal and in the following manner, to -wit: The improvements in each Unit or District shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets and avenues so to be improve& shall pay for and be assessed for all the cost of work in the area between their rails and tracks, double tracks, turnouts, and switches, and two feet on each side thereof. (b) The abutting property and the owners thereof shall pay for and shall be assessed for all the cost of constructing curbs in front of such respective properties and 90% of the remaining cost of such improvements after deducting sums to be paid by railways and street railways under sub -paragraph (a) above, provided that if it shall appear at the hearing to be had before final assessment that the special benefits to such property in the enhanced value thereof by means of such improvements will not aggregate such proportion of costs, then there shall be assessed and be paid by such abutting property, and the owners thereof, the amount of such benefits. (c) The remaining cost of said improvements after deducting sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock on estimates as the work progresses as is provided in said specifications. IV. No assessment shall be made against any owner or his property until after notice and hearing as provided by law and the charter with amendments in force in the city, nor shall any assessment be made against any parcel of property, or the owner thereof, in excess of the special benefits to such owner and his property in the enhanced value thereof by means of the improvements in the unit upon which the particular property abut, and no assessment shall be levied against any railway or street railway for work between rails and tracks and two feet on each side thereof until after such notice and hearing. V. The amounts to be paid by the abutting property and the owners thereof for the im- provement in each unit shall be and become due in installments as follows, to -wit; In six equal annual installments, due respectively on or before 10 days, 1,2,3,4, and 5 years after completion and acceptance by the City of the improvements in the unit upon which the particular property abuts, and shall bear interest from the date of such com- pletion and acceptance and until paid at the rate of 7"!o per annum, payable annually, with provision that if default be made in the payment of any installment promptly as the same matures, then, at the option of the holder of any such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which the same is made, so that upon completion by the Contractor and the acceptance by the City of the improvements in a particular unit, then the assessments against the owners of the property abutting upon such completed and accepted unit sh&11 be and become due in such installments,.and the amounts of the several assessments against the property abutting upon such unit shallbear interest from such date of completion and acceptance as hereinabove provided. VI. The amount to be paid by and assessed against railways and street railways for work between rails and tracks and two feet on each side thereof shall be payable on estimates as the work progresses in the same manner as is provided in the specifications for estimates to be paid by the city and in the same proportions, and ahall bear inter- est from date due and until paid at the rate of 7% per annum, and upon completion of'the work in a particular unit all retained percentages for work in such area, as well as all retained percentages on its portion of the cost of the work in such unit shall be paid to the Contractor. VII . The sume_�to be paid by the abuttinsr property and the owners thereof, as well as the sums to be paid by railways and street railways for work between rails and treicks and two feet on each side thereof, shall be assessed against them and their property in accordance with the law and charter with amendments in force in this city, and in accordance with the proceedings of the City with reference to such improvements, and subject in all things to the terms and conditions of the law and charter with amendments and the City shall in no manner be liable for the payment or collection of the sums assessed against any property, or the owners thereof, but the Contractor and its assigns shall look ex- eluskirely to such property and the owners thereof for such sums, provided, however, that in the event construction of improvements be omitted in front of any property exempt by law from the lien of special assessments for street improvements, and the remainder 0r7 of the unit be improved, then the City will pay to the Contractor the part of the as- sessment against such omitted property over and above the sum which but for such ommission would be due to the Contractor for work and improvements in the omitted area, and provided further that the City does agree that it will pass all ordinances and resolutions required and permitted by law and its charter with amendements for the making and levying of such assessments, and that it will exercise all its lawful powers to aid in and enforce collection, but all costs thereof to be paid by the Con- tractor, or its assigns. VIII . The City further agrees that in the event any assessment shall for any reason be held or found to be invalid or unenforcible it will pass all ordinances and resolutions, and take all steps permitted by law and its charter with amendments to make and levy valid and enforcible reassessments, and upon the terms and conditions above set forth, will exercise all its powers to aid in and enforce collection of any such reassess- ments, but it shall in no manner be liable for the amount of any such reassessment. The City further agrees that upon completion by the Contractor and the acceptancd by it of the improvements in any unit, it will issue to the Contractor assignable cer- tificates in evidence of the assessments levied against the property abutting upon such completed and accepted unit, which certificates shall set forth the description of the property by lot and block number, number of front feet, or other description sufficient to identify the same, the name or names of the owners thereof as far as known, the amounts of the assessments levied, the rates of interest, and the terms and time of payment, the lien against the property and the personal liability of the owners thereof, and such certificates shall recite substantially that all proceedings with reference to the improvements therein referred to and assessments evidenced thereby have been regularly had in compliance with law and charter, and that all prerequisites to fixing of the assessment lien against the property therein referred to and the personal liability of its owners, has been preformed. Similar certificates shall be issued in evidence of the amounts that may be assessed against any railway or street -railway for work between rails and tracks and two feet on the outside thereof. Said certificates shall further provide that the amounts evidenced thereby may be paid to the Tax Collector of the City of Lubbock, who shall thereupon issue his receipt therefor4. and the Tax Collector shall deposit any sums so received by him immediately with the Treasurer, and the Treasurer upon the presentation to him by the Contractor, or its �Lssigns, of the certificate or any coupon for payment of which any sums have been received by him, properly endorsed and credited with such sums, shall thereupon pay to the Contractor, or other such owner -or holder of such certificates or coupons, the sums so received, and the Contractor or other holder or owner shall give to the `treasurer his receipt for such sums in writing, and such receipt and credit shall be the Treasurer's warrant for making such payment, pr7)-*` coed t ] ct upon the payment in full of any certificate with costs of collection and reasonable attorneys' fees, if incurred, to the Tax Collector, and the subsequent payment of such sums by the Treasurer to the owner and holder of any such certificate, such certificate shall be delivered over to the Tax Collector. Such certificates shall be executed in the name of the City by the Mayor, attested by the City Secretary, and shall have impressed thereon the corporate seal of the City, and same may have attached thereto coupons in evidence of any or all of such install- ments as same may be payable, and such coupons may be executed by the Taiuyor and City Secretary, either by their original, fac simile or lithographed signatures. Such certificates shall not be required to contain recitals in the exact form above set forth, but the substance thereof shall suffice, and the same may contain any other and additional receitals pertinent thereto. The Contractor shall not be required to make or construct said improvements in front of any property exempt by law from the lien of special assessments for street improvements unless the owner of such property shall first satisfactorily secure the contractor in the payment of the pro rata part of the cost of such improvements charge- able and assessed against the same, unless the City shall itself make satisfactory ar- rangements with the Contractor for the making and construction of such improvements, provided that if such improvements, without such security or arrangement, be constructed in front of any such exempt property, then the owners thereof shall nevertheless be personally liable therefor. The proportionate part of the improvements to be omitted in front of any such exempt property in any case where same is to be omitted shall be the curb and mutter, ai,d the other improvements in the area immediately in front of and abutting such property and to the extent of 45% of the improved width of the street. The ommission of improvements in front of any such exempt property shall in no wise invalidate or impair the lien of any assessment levied or fixed against any other property. 1X. The undertaking of the Contractor with reference to the making and construction y of the improvements in each district or unit is separate and independent from its undertaking as to the making and construction of the improvements in each and every other unit, and the assessments to be levied for the improvements in each unit shall be altogether separate from the assessments to be levied in every other unit, and in making and levying assessments against property for the improvements in one unit, no matter or circumstance in connection with any other unit shall be considered, 411 as fully and to the same extend as if altogether separate contracts had been executed with reference to the improvements in each unit. IX. e and rtaking f the C tractor ith r ferenee to the akina nd c nstruction of the improv ments i each di riot or nit i separ a and depen ent rom its underta 'ng a to the m king an onstruction o the im rovemen s in e ch nd every other un t, an the arse sments t be lev ed fo the im ovemen s in e ch nit shall be altoge her s arate fr the as essment to be levied 'n ever othe un't, and in making and levyi assessm nts agai :t prop rty f the i rovem nts in one unit, no matter or c'rcums nce in c nection with an other unit sh 11 be consi ered all as fully and t the sa a extends s if al ogethe separa a cont acts h d bee ex cuted wi th referen to t improve nts in ach un t. X. The storm sewers are to be constructed where provided for in the plans and spec- cifications therefor, and constitute no part of the improvements for which assess- ments are to be levied. The City shall pay for all of the cost of constructing such storm sewers. Separate estimates for the storm sewer construction shall be made, and upon the completion of such work, retained percentages therefor shall be paid to the Contractor, whether or not the other improvements be completed at the time. XI. Contractor agrees to commence the construction of storm sewers within ten days after being notified in writing so to do, and agrees to commence the construction of the other improvements immediately after the expiration of twenty days from the date of final levy of assessments therefor, and further agrees to conduct work and substan- tially complete same according to the rate of progress called for in the specifications. XII. Contractor in performing the contract shall use only first class materials and workmanship, and upon the completion of the pavement in each unit, shall furnish to the City a bond equal to 10% of the cost of the improvements, exclusive of storm sewers in that unit, with an approved surety guaranteeing such improvements for a period of five years from the date of such completion and acceptance thereof by the City, and agreeing to rebuild or replace any improvements that may require repnilding or replace- ment by reason of any defects in material or workmanship, upon the terms and as provided in the specifications. XII I. Upon the execution of this contract Contractor shall furnish to the City a bond guaranteeing the performance hereof, excepting the agreement to furnish guaranty or maintenance bonds as contained in Paragraph XII, and in the sum of $105,325.00. Whenever the storm sewers shall have been completed and finally accepted said construction bond shall be released protanto, and upon final completion and acceptance of the otherimprovements in any particular unit, such construction bond shall be released pro tanto so that same shall at all times remain in force and in effect only as to work not finally accepted. IN :dITNESS SHEREOF, the parties have executed this instrument in duplicate the � day and date first above written. ATTEST: F.W.Groce City Secretary. ATTEST: Homer D. Grant Secretary. Approved as :to form; E.L.Klett ity Attorney. CITY OF LUBBOCK By: Pink L. Parrish Mayor. Party of the First Part. C ITY . PANHANDLE CONSTRUCTION COMPANY BY: John Dalrymple President. Party of the Second Part. CONTRACTOR. LUBBOCK NEW FORM NO-*. 6. RESOLUTION APFROVINx CONTRACT AND BOND OF PANHANDLE, CONSTRUCTION COMIANY, AND DIR ECTIN" THE MAYOR TO =CUTE SAr2E, AND HALING APPROPRIATION THEREFOR. WHERBLS, the City Commission of the City of Lubbock has heretofore ordered that portions of Texas Avenue, and sundry other streets and avenues, in the City of Lubbock, be improved by raising, grading and filling, and installing concrete curbs and gutters, and paving, and constructing storm sewers, and otherwise, and after preparation of plans and specifications and due advertisement for and receiptof bids, accepted bid of Panhandle Construction Company, and awarded contract to it; and, 'dHEREAS, contract of said Company.for the making and construction of such im- provements dated this, the 27 day of January, 1927, and already executed by said Company, and together with bond for the performance of said contract executed by said Company, and with Metropolitan Casualty Insurance Company of New York, as Surety, this day tendered to the Commission, and having been examined and approved: THEREFORE, BE IT RESOLVED by the City of Lubbock, Texas, that: I. Said contract and said bond be and they are hereby approved, and the Mayor of the City is authorized and directed to execute same in the name of the City, and the City Secretary to attest same.and impress thereon the corporate seal. 11. That there be and is hereby appropriated out of available funds and revenues sums sufficient to pay for and defray the part of the cost of said improvements to be laid by the City. This resolution.shall take effect and be in force from and after its passage. Passed and approved this 27 day of January, 1927. Pink L. Parrish. _ Mayor, City of Lubbock, Texas. ATTEST: F. J. Groce City Secretary. Approved as to form, E.L. Llett ity attorney. Mott6n made by Mr. Posey, seconded by Mr. Hankins,carried unanimously, that the following adjustment be made on Lots 54; 55 and 58, Block 1 Dupre Addition, which were assessed with improvements for the years 1921 to 1925 inclusive when in fact there was no improvements on said lots, that said values be reduced to a tax of $20.16 on each lot, plus penalty, interest and costs for the years 1910 to 1925 inclusive. Motion made by Mr. Fosey, seconded by Mr. Jones, carried unanimously that ETB. Speck tract being 4-j acres out of Survey 79, known as Out Lot No. 1, zh ich was shown on unknown rolls as one tract valued at $7440.00 for the year 1926, when in fact the .City owns part of thiactract and it is ordered that a value of $3200.00 be acceptable to the'City for all of said tract except that part owned by the City and this be cancelled as it is non-taxable. Motion made by lir. Posey, seconded by Mr. :Deaver, carried unanimously, that J.V. Roy claim against the City for property damaged while grading the Street be tabled until City Attorney returns. Motion made by Mr. Posey, seconded by Mr. Hankins, carried unanimously that the City specify 24" gutters on all paving. Motion made by Mr. Hankins, seconded by Mr. 4eaver, carried unanimously that the proposed sub -ways under the Santa rye Railway tracks on Broadway and on Avenue H be ordered opened. This being the day set to receive bids.on a new Diesel Engine for the light plant, also bids on 1,000,000 gallon standpipe, upon motion made by T,ir. Hankins, seconded by Mr. Weaver, carried unanimously, the bids were ordered opened and tabulated. The bids on the 1,000,000 gallon standpipe are as follows, all bids f.o.b. Lubbock: Chicago Bri dge & Iron Works $611,900,00 Pittsburg -Des Moines Steel Company 609750,00 i The bids on Diesel Engines, all f.o.b. Lubbock, were opened and each one accompanied by a certified check as per plans and specifications: Fairbanks, Morse & Co. 720 H.F. Diesel Engine $44 9 650.00 and one of our old 200 h.p. Engine in lieu. McIntosh & Seymour, Auburn, N.Y., 900 h.p. 60 cycle, generator 580600.00 Fulton Diesel Oil Sno-ine, St. Louis Mo. 750 b.h.p. Diesel Engine 609400.00 IT IT 'r 'r ► '* if 1150 b. h. p. 849700:00 Notdberg Manufacturing Co. Milwaukee, disc. 1020 b.h.p. Diesel Engine 769300.00 n 1 'r 'r if 1000 b.h.p. 779916.00 " " +r " " 750 b.,b.p. 62,150.00 it 850. b.h . p. 629615.00 1250 b. h. p. 92,000.100 after having a representative from each of the above Companies to explain their engines and standpipes, the City Commission adjourned until ten A.M. January 28, 1927, upon motion made by Mr. Jones and seconded by Mr. Posey, carried unanimously. READ ATID Ai PROVED this Z da.V of February, A.D., 1927. A Q'4-� K - M a y o r 4igFvy*e retary. e